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could be charged at his hospital bed side on sunday. dzhokhar tsarnaev is still in serious condition. he is sedated with a tube down his throat and unable to speak. although massachusetts does not have the death penalty, prosecutors could seek capital punishment at the federal level. >> given the facts that i've seen, it would be appropriate to use the death penalty in this case. i hope they would apply it in federal court. >> reporter: more questions are being raised about the suspect and if the fbi did enough before the bombings. in 2011, it interviewed the older brother, tamerlan tsarnaev, after russian authorities alerted the u.s. government. he made a trip to russian in 2012. >> the ball was dropped in two ways. the fbi missed things or our laws do not allow the fbi to follow up in a sound solid way. >> reporter: while officials cyst through the details worshipers sought answers in their own way gathering at the holy cross on sunday to reflect on the terror that the city faced in the last week. the governor says there can be vigilance without fear. >> there are lessons that we will
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